18 Miss. Code. R. 6-1-D-VIII
The " board payment " for foster children is determined by DFCS dependent upon the appropriation of the Mississippi Legislature. The board rate is based on the age, Supplemental Security Income (SSI) status, or non-SSI disability status, or special needs of the child. The total includes amounts for board, replacement clothing, and child's personal allowance as well as personal items.
Refer to the "Resource Board Payment Schedule."
As soon as the foster child is able to understand, the Worker shall explain to him/her the total amount of the board payment, the breakdown for board, replacement clothing, etc., the amount of any monetary contribution by the parent(s) and the amount of any payment from Social Security, V.A., Court Ordered Child Support, etc.
The board rate terminates the last day of the month the child reaches his/her 20 th birthday or 21 st birthday if custody is through a Chancery Court Order.
The board payment consists of state and federal money based on a matching formula. The federal funds are derived from Titles IV-E and IV-B of the Social Security Act.
Title IV-E funds are used for children placed by court order and who meet or would have met AFDC (July 1, 1996) criteria as outlined in Section E, Federal Statute 42 U.S.C.472(a)(3)(A) and 472(a)(3)(B)
Title IV-B funds are used for the children who do not meet the criteria for Title IV-E. These are referred to as CWS funds.
| Age/Status | Board | Clothing | Allowance | Payment | Daily Per Diem |
| 0-8 | $574.90 | $80.00 | $30.00 | $684.90 | $22.83 |
| 9-15 | $658.40 | $80.00 | $50.00 | $788.40 | $26.28 |
| 16-21 | $721.60 | $80.00 | $60.00 | $861.60 | $28.72 |
| Special Needs I | $792.70 | $80.00 | ** | $902.70 | $30.09 |
| Special Needs II | $854.50 | $80.00 | ** | $964.50 | $32.15 |
| Foster Teen Parent | $1,296.50 | $160.00 | $90.00 | $1,546.50 | $51.55 |
| *Emergency Shelters | $4,336.20 | - | - | $4,336.20 | $144.54 |
| Therapeutic Resource/ Group Homes | $2,743.30 | $80.00 | ** | $2,853.30 | $95.11 |
| Related Therapeutic Placement | $1,240.00 | $80.00 | ** | $1,350.00 | $45.00 |
**Personal Allowance shall be based on the age of the child and is included in the total board payment.
Clothing and personal allowances are included in the total board payment. Rates are based on a 30-day month and shall be prorated by per diem. A full month board payment for February will be slightly less and 31-day months will be slightly more.
When the board payment is prorated, clothing allowances shall be prorated at the rate of $2.67 per day and personal allowances shall be prorated based on the following:
* Ages 0-8 shall be prorated at a rate of $1.00 per day
* Ages 9-15 shall be prorated at a rate of $1.67 per day
* Ages 16-21 shall be prorated at a rate of $2.00 per day
* Foster Teen Parents shall be prorated at a rate of $3.00 per day
* Emergency Shelters will not be required to provide clothing and personal allowances to children placed in those facilities. Clothing and personal needs will be provided by the County of Responsibility on an as needed basis.
Resource homes must be licensed in order to be eligible for board payment, whether child is placed there prior to home becoming licensed or after home became licensed. Payment will be made only for dates home is appropriately licensed with child placed appropriately therein. However, if a licensed home pending renewal fails to become licensed timely resulting in license lapsing short-term due to MDHS/DFCS staff error or inaction, the County of Responsibility shall make payments to the resource home utilizing county funds until the licensing criteria are met and the license is renewed.
If the amount of the board payment is based on age alone, this amount is determined by the age of the foster child on the first day of the month for which payment is being made; if necessary, an adjustment in the board rate will be made the following month, after the child's 9 th or 16 th birthday.
Resource homes are not eligible to receive the foster teen parent rate until the child is born, brought home from the hospital and placed in the home with the foster teen parent.
Therapeutic resource/group homes will only receive the therapeutic rate for those children with a therapeutic designation; all others will receive a per diem rate of $45.00 per day. Therefore, if a sibling does not have a therapeutic designation and is placed in the therapeutic home with a sister/brother who has a therapeutic designation in order to place the siblings in the same home, the therapeutic resource/group home will receive the therapeutic rate for only one of the children in the sibling group. If a child is placed with a foster teen parent, the therapeutic rate will only be received for the parent, unless the child has a therapeutic designation.
Payments will be made based on the number of nights a child physically spends in the placement; 12:01a.m. will begin a new day. Board payments will not be paid for the placement from which a child is removed, when temporarily moved to another placement such as trial home placements, incarceration (jails or detention centers), medical and/or behavioral institutions, attending college and/or placed on runaway status; nor will payments be made in the event that the home's license lapses (Refer to the board payment exceptions following.).
Board Payment Exceptions to Overnight Visit(s) and Temporary Move(s)
When a Resource Home or Residential Facility has committed to the child (ren) returning to their home or facility after an overnight visit, receiving respite, medical and/or behavioral treatment, a placement change in MACWIS will not be required if they meet the following criteria:
* If child is on an overnight visit or receiving respite, medical and/or behavioral treatment for 0-3 days (72 hours), prior approval from ASWS and RD shall be obtained in writing through e-mail and documented in MACWIS.
* If child is on an overnight visit or receiving respite, medical and/or behavioral treatment for more than 72 hours, but not more than 14 days, and will return to the resource placement or facility, prior approval from ASWS, RD and Field Operations Director shall be obtained in writing through e-mail and documented in MACWIS.
* In the event of an extraordinary circumstance concerning a youth in custody, it may be brought to Executive management (Deputy Administrator, DFCS Director and/or Field Operations Director) for consideration. The extraordinary circumstance shall be staffed with ASWS and RD. Upon staffing, when determined that further review is appropriate, only then will the matter be brought to the attention of DFCS Executive management for consideration. The extraordinary circumstance and decision shall be obtained in writing through e-mail and documented in MACWIS.
Special Needs I
A foster child qualifies for the Special Needs I board payment if the child has:
* A mental health or medical diagnosis, and
* Applied for SSI and the application is pending or been denied.
Documentation must be submitted to the Permanency Unit in State Office and should include one of the following:
* Medical records,
* Mental health assessment,
* Development assessment,
* SSI application or denial letter.
Only current documentation, defined as within the previous six months, will be accepted.
Special Needs II
A foster child qualifies for the Special Needs II board payment rate if the child receives SSI.
A copy of the SSI letter that states the child is approved must be submitted to the Eligibility Unit in State Office.
If a child receives SSI, then that child's board payment is reimbursed out of SSI.
Special Note: If a child is IV-E eligible and SSI is denied because of foster care board payment/income and ONLY because of foster care board payment/income, then the child will still qualify for the Special Needs II rate.
Therapeutic Rate
A foster child qualifies for a Therapeutic board payment rate if the child has a DSM-IV Axis I diagnosis. A foster child who has therapeutic needs and has a documented DSM-IV Axis I diagnosis and who is placed in a resource certified by the Department of Mental Health as being a therapeutic placement will be eligible for a therapeutic board rate.
A current Psychological Evaluation, defined as within the previous twelve months, must be submitted to the Permanency Unit in State Office along with a recommendation for therapeutic placement from the referring facility, mental health or medical practitioner.
Medically Fragile
The following standards are guidelines for a child to be determined Medically Fragile: The child has a medical condition or multiple medical diagnoses which:
* Are life threatening in nature, or
* Require specialized medical care in the home, or
* Will require corrective major surgery or recurrent surgeries, or
* The prognosis for full recovery is negligible and the child is not expected to ever live independently.
A Medically Fragile child may qualify for the Special Needs I, Special Needs II or Therapeutic rate.
Foster Teen Parents who have children of their own and who are placed in the same foster home or group home as their child are eligible for this rate when the Teen's child is not in the custody of DFCS.
A limited number of placements are available for foster children needing highly specialized therapeutic services.
Placements in these programs require written authorization by the DFCS Director. Referrals must be made through the proper channels to the Permanency unit utilizing the residential services application located on the DFCS "P" drive.
Some foster children may have funds available to them such as Social Security, Veterans Administration, SSI, or parental contributions. These funds may be used to reimburse DFCS for the foster board payment, but the funds must have been received in the county prior to being considered for reimbursement purposes.
If the child receives less than the board payment, the full amount of the child's benefit shall be applied to the reimbursement.
If the child receives more than the board payment, only the amount of the board payment shall be reimbursed.
However, if a child is placed in a facility that provides contractual residential services, all but $50.00 monthly of the child's own money shall be sent to the Accounts Receivable Unit in the State Office. The $50.00 is not part of the board payment. It becomes a part of the child's cash reserve. The check shall be made out to Treasurer, State of Mississippi. A check coding memorandum shall be attached to the check each month. The child's cash reserve shall be used to purchase those services needed for the child. The child's income and cash reserve shall be used only for that child. The child's own money shall be used prior to requesting regional or state funds.
When a child in custody receives a lump sum payment of SSI for past months of eligibility for SSI, the county Worker and bookkeeper should follow the instructions from the Social Security Administration regarding the handling of these monies. In some instances the lump sum amount must be put into a special savings account to be used for needs identified by Social Security. There are also special restrictions on the transfer of these funds once the child is released from DFCS custody. Consult the local Social Security Office for clarification on the handling of these payments.
If a child entering foster care receives Social Security benefits or is potentially eligible for benefits, application for those benefits shall be made through the local Social Security Administration office. If eligible, the check shall be sent directly to the COR. When the custody of a child is removed from the county, the Social Security Administration shall be notified.
All foster children who receive Social Security benefits shall be informed about this income, why they receive it, and how it is used.
When the foster child reaches the age of 18 and is still in high school, the Social Security check shall be sent directly to the child rather than to county office. It is important that the Worker plan with the child for this change.
When the competent foster child receiving Social Security benefits reaches the age of 17, the Worker shall discuss with the child the fact that after 18, he/she will begin to receive the check in his/her own name. The year between his/her 17 th and 18 th birthdays should give the Worker, the child, and the Resource Parents' sufficient time to examine and reach an agreeable plan on how these checks should be handled.
The following options are available:
If this option is chosen and agreed to by the Resource Parents, the Worker shall request from the court the release of custody. If the child is placed in foster care by voluntary consent of the natural parent (s), they shall be notified of this decision.
If the county believes that the 18 year old foster child is not competent to use his/her money wisely, the COR shall apply to the local Social Security office to be made payee of the check. The local Social Security Administration office will explain the documentation necessary for this procedure.
Trust funds of a foster child cannot be used to "supplant or replace public assistance benefits of any city, county, state, federal, or other governmental agency that has legal responsibility to serve persons with disabilities that are the same or similar to the impairments of the beneficiary."
Trust funds should be used for costly, extraordinary needs that cannot be met from the usual resources, not for those routine things normally provided for children in the custody of DFCS.
A written request for expenditure of trust funds shall be submitted through the RD to the DFCS Director.
Prior to termination of the custody of a child, the ASWS shall contact the Director of Budgets and Accounting, for the handling of the Trust.
The entire sum of funds in the child's Trust Fund shall only be released for the following reasons:
When a child turns 21 the Worker shall request that the AG's office establish a general guardianship and transfer the Trust to that person in order for SSI eligibility to continue. To do otherwise would jeopardize eligibility since dissolving the Zebley Trust increases resource amount.
"Special Needs" refers to the requisites for maintaining the beneficiary's good health, safety, and welfare when they are not being provided by any public agency office, or department of any city, county, or state government, or by any other public or private agency.
The Trustee will set up an account by using a Declaration of Trust. The Declaration grants discretion to the Trustee in disbursing funds to meet the "special needs" of the beneficiary.
42 U.S.C. 654 § 454 (Title IV-D) and 42 U.S.C. 671 § 471 (Title IV-E) requires the provision of child support services for Title IV-E foster children. Child support services are also available to CWS foster children. These services include the establishment of paternity and the obtaining of financial support. Child support shall be pursued for every foster child and shall be included in every court order.
Miss. Code Ann § 43-15-17, provides that, upon court order, the parent(s) are responsible for reimbursing the department for foster care payments made on behalf of his/her child, based upon financial ability to pay, until such time as there is a termination of parental rights regarding the child or the child is adopted.
Workers shall include in their written court summaries a request for court ordered child support from the parents or guardians of all children placed in DFCS custody. The Worker shall, while giving testimony during youth proceedings, back up the written request by verbally petitioning the court to order the parents or guardians to pay such child support. Regardless of eligibility, all Workers shall pursue and file child support through the MDHS-Division of Field Operations (DFO) for every child in DFCS custody. The Agency shall seek child support payments from any absent/noncustodial parent or guardian. The Worker shall submit the appropriate referral documentation to DFO.
The Child Support Parent Locator Service shall be utilized to conduct diligent searches for absent/noncustodial parents to promote family preservation or facilitate adoptions.
DNA/Genetic Testing
If a judge orders DNA testing, MDHS will pay for this testing, when a referral has been submitted to DFO, as noted above.
DNA testing may be arranged, at DFCS county expense, without the referral to DFO by contacting the DNA Diagnostic Center (DDC).
Income earned by a foster child in part-time work or full-time work is disregarded by DFCS as far as any reimbursement to DFCS for board payment. Workers should counsel with the child on the use of the money, understanding the child's needs to be in control of the money earned. Most foster children will want to meet some of their personal needs, such as dating expenses, entertainment, etc. with their wages. This should be encouraged as well as the need to use some of the wages for clothes, college expenses, savings, etc.
When a foster child works more than 30 hours per week, DFCS shall determine if the child remains in need of supervision and if he/she should remain in foster care. If foster care is required, the Worker shall counsel with the child regarding his/her plans. The child must understand that his/her status will be determined by the court holding jurisdiction.
Some foster children make financial arrangements with the Resource Parents and remain in the foster home. Others need assistance of the Worker in locating alternative living arrangements.
Savings bonds may be purchased for the child with his/her own funds. However, the savings bond shall still count as a resource in determining SSI and Medicaid eligibility.
"The Healthy, Hunger-Free Kids Act of 2010 ( P.L. 111-296 ) was enacted on 12/13/10. The Act, in Section 102, amends a key provision of the National School Lunch Act ( 42 USC 1758 ) to make any foster child categorically eligible, without the necessity of an application, for free school meals if their ?care and placement is the responsibility (of an agency that administers a state IV-B or IV-E plan)' or if a court has placed (the child) with a caretaker household."
Resource Parents shall be informed of this resource. Resource Parents shall protect the confidentiality of the child working directly with a designated school official in completing the application for free lunches.
There are some needs of foster children which can be purchased with a combination of state and federal money.
Funds are requested through MACWIS. Refer to Section A for a more detailed discussion. These funds require that expenditures be made only when needs of children are involved. The criteria for use of funds are outlined in this section and shall be followed in the development of a financial plan for a child in custody.
When no board payment or contractual per diem is being received for a foster child (example ? foster child is placed with an unlicensed relative pursuant to Court Order or child is in college, etc.), a clothing and personal allowance shall be provided through other funds available to the county (regional, county fund's child, child's own money, court ordered child support, other). Refer to Section A for a discussion of funding sources.
Foster children have a variety of needs for which DFCS is responsible. (See Section A "Child Clothing").
Special Allowances
Up to $100.00 per month, if needed, can be given to a foster child who has a special need that is not met with their board payment or monthly allowance. This is not an allowance that is given to a foster child every month regardless if they have their own funds or not. Written justification should be recorded in the comment box in MACWIS when the service is requested and should state thoroughly what the special allowance is needed for and why it is needed. If a foster child is using the special allowance for a trip, a hand receipt is all that is required. If a special allowance is given to purchase any other items, itemized receipts are required to be returned to the bookkeeper within 10 days. The check should be made payable to the vendor from which the items are being purchased. Issuance of special allowances is a casework decision made by the Worker and approved by the ASWS.
Below are the standardized allowances inclusive of age range and amounts. Christmas and Birthday allowances may be issued in check form to the foster child.
Allowance Guidelines for Child's own funds, County Fund's Child or Regional Funds are listed below.
| Initial Clothing | Amount |
| Up to - As needed | |
| Ages 0 through 2 | $ 100.00 |
| Ages 3 through 6 | $ 140.00 |
| Ages 7 through 12 | $ 200.00 |
| Ages 13 and over | $ 240.00 |
Initial clothing is a one-time only service when a child enters custody for the first time. If a child leaves custody and returns to custody, an initial clothing allowance cannot be issued again. If there are extenuating circumstances and a child re-enters custody and is in need of the Initial Clothing Allowance, prior written approval must be obtained from the DFCS Budget and Financial Planning Unit before the service is entered. All other clothing requests should be requested under Child Clothing.
| Christmas Allowance | |
| Ages 0 through 2 | 30.00 |
| Ages 3 through 5 | 50.00 |
| Ages 6 through 12 | 70.00 |
| Ages 13 and over | 90.00 |
| Birthday Allowance | |
| Ages 0 through 2 | 10.00 |
| Ages 3 through 5 | 15.00 |
| Ages 6 through 12 | 20.00 |
| Ages 13 and over | 25.00 |
Funding may be available through the Child Care and Development Block Grant (CCDBG) for foster care children from birth up to twelve (12) years of age or for special needs foster children up to age eighteen (18).
The state has elected to consider a child in Foster Care as a family of one (1) for the purpose of determining income eligibility. The foster board payment is considered in determining eligibility. The co-payment fee of five dollars ($5.00) will be assessed and paid by the Resource Parents who must be working or in an educational or training program.
A "Referral for Child Care Services/Foster Care" form shall be completed by the respective Worker from DFCS and sent to the Early Childhood Care and Development (ECCD) who authorizes child care services.
Resource Parents shall not be allowed to reenroll a child with a provider prior to the issuing of a certificate. Workers must inform the ECCD when child care services are to be terminated for foster care children.
Title IV-E funding is also available for child care if the following criteria are met:
The county Worker can arrange to pay for the day care costs of a Title IV-E eligible child who meets the above criteria using regular approval expenditure of funds procedure and reimbursement procedure as with other regional funds expenditures.
Family Planning information and services shall be a part of every adolescent in foster care's case plan.
On August 22, 1996, President Clinton signed into law the welfare reform bill, Personal Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193. Funds were allocated through this legislation to conduct abstinence education. Two of the stated purposes of this Act were to:
MDHS Division of Economic Assistance established "Just Wait" Abstinence Unit to address the issue of out-of-wedlock births, teen pregnancy, and other "at risk" behavior of Mississippi's young people. Educational material including video tapes are available through this Unit to be utilized with foster children. Documentation shall be made in child's case regarding services provided by the "Just Wait" program.
The Mississippi State Department of Health provides medical, informational, and educational services through a Family Planning program. DFCS provides funds through Social Services Block Grant for clients less than 21 years old who are not on Medicaid. The Health Department provides this service for Medicaid eligible teens as well. This service allows teens to delay childbearing until they are physically, emotionally, and economically prepared to have children. Adolescents in foster care should be referred to the local Health Department for these services. Referral and services provided shall be recorded in the child's case record.
Rehabilitation Services are available to youth (age 18 or in the second semester of their junior year in school) through the Office of Vocational Rehabilitation in the Department of Rehabilitation Services, per federal eligibility criteria and guidelines.
General vocational rehabilitation services include a range of services from diagnosis and evaluation to vocational training and job placement. Additionally, youth eligible for general vocational rehabilitation services might receive assistance with medical and/or health needs, special equipment counseling or other assistance that would enhance employability.
Other specialized vocationally rehabilitation services may also be accessed. The distinguishing difference between eligibility for these specialized services and general vocational rehabilitation services is the youth's vocational potential. Supported employment is specialized vocational rehabilitation service available to youths in the state. The focus group for this service is youth who demonstrate more severe disabilities. Additionally, they are youth who demonstrate that they need ongoing job support to retain employment.
The Social Security Act and the Mississippi Code allow Medicaid coverage for children in foster care. § 43-13-115(23) regards as potentially eligible, " Children certified by the Mississippi Department of Human Services for whom the state and county departments of human services have custody and financial responsibility who are in foster care on their eighteenth birthday as reported by the Mississippi Department of Human Services shall be certified Medicaid eligible by the Division of Medicaid until their twenty first birthday."
All children in the custody of DFCS are entitled to medical expenses being paid. The primary sources of funding are Medicaid and County/State funds.
Foster children are Medicaid eligible when:
* The child receives SSI. The Medicaid benefits are authorized by the Social Security Administration.
* The child is eligible for and receiving TANF and/or Medicaid in the home of a parent or relative. The eligibility determination and authorization are handled by the Economic Assistance Staff in the county of residence.
* The child meets the following eligibility requirements:
Custody - The child must be in the sole custody of DFCS.
Resources - The child's own resources shall not exceed $10,000. The MACWIS system will automatically terminate Medicaid if the child's resources exceed $10,000 in any given month.
The Worker shall make every effort to maintain the child's resources below the $10,000 requirement. Children who receive SSI Medicaid will not be affected by the $10,000 resource limit; however, SSI has a resource limit of $2,000 which will terminate SSI Medicaid and monetary benefits.
Income - Refer to Section E, "Eligibility" for more information.
Medicaid eligibility is retroactive to the first day of the month in which Medicaid eligibility was approved.
Children who are eligible for Medicaid will be issued a onetime plastic Medicaid card. The card will be mailed directly to the child's foster home or to the home of the child's relative when the child is in relative placement. When the child is in a facility the card will be mailed to the COR. In the event the child is placed outside his own county, the COR Worker shall be responsible for obtaining the card from the placement and moving the card with the child.
In the event a child going into foster family care needs medical attention and does not yet have his unique number or Medicaid identification card, the ASWS should certify to the physician or medical facility that the child is eligible for Medicaid, explain the situation, and agree to make the identification number available immediately upon its receipt.
If the Medicaid card is lost, the COR Worker shall request a duplicate Medicaid card from EDS at 1-800-884-3222.
Child Removed from Foster Care
When a child leaves custody, the COR worker shall place a copy of the Medicaid Card in the child's case record for future reference and the Original Card shall be given to the child or parent/guardian.
Some children who are removed from foster care will retain their Medicaid eligibility as TANF recipients. For these special provisions, please refer the case to Economic Assistance.
Medicaid services for children birth to age 20 (or 21 if by Chancery Court order) are provided if medically necessary. Please call the Department of Medicaid/State Office for specific questions.
All foster children shall be referred to EPSDT as a part of Medicaid eligibility.
Expanded EPSDT services are Prior Authorized services accessed through a Medicaid "Plan of Care" (POC) Form. A wide range of services may be requested if it is determined to be medically necessary for a child.
Some of the services that may be requested through this program include : psychological testing; individual therapy; group therapy; extended number of monthly prescriptions; extended number of annual physician visits; extended number of annual hospital days.
The POC form may be completed by anyone but must be signed by a physician. Processing will take approximately 5-10 working days from the day the EPSDT Unit at Medicaid receives a POC form.
A POC form must be submitted and any disapproval documented before a request for State Funds will be considered.
Miss. Code Ann., § 43-15-5 provides for DFCS to purchase " hospital and medical insurance coverage for those children placed in foster care by the state or county departments of human services who are not otherwise eligible for medical assistance under the Mississippi Medicaid Law. [DFCS] shall be further authorized to purchase burial or life insurance not exceeding One Thousand Five Hundred Dollars ($1,500.00) for those children placed in foster care by the state or county departments of human services. All insurance coverage authorized herein may be purchased with any funds other than state funds available to [DFCS], including those funds available to the child which are administered by [DFCS]".
The insurance policy should be filed in the child's record.
18 Miss. Code. R. 6-1-D-VIII